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(영문) 수원지방법원 2013.08.29 2013노2863
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment) is too unreasonable.

2. According to the records, although the defendant led to the confession and misjudgment of the crime, the sentencing of the court below is not deemed unfair in full view of all the circumstances such as the defendant's occupation, age, character and conduct, family relation, motive and circumstances after the crime, etc., and the sentencing of the court below is not deemed unfair in full view of the following circumstances: (a) the defendant committed the crime of this case 4 times the previous crime; (b) the method of the crime is similar; (c) the total amount of damages exceeds KRW 100 million; (d) the total amount of damages is not repaid; (e) the defendant's personality and behavior and salvating power; and (e) the victim C who demanded the repayment of damages.

3. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's argument is without merit. It is so decided as per Disposition.

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